HomeMy WebLinkAboutContract 30049 CITY SECRETARY_
CONTRACT NO.
AGREEMENT BETWEEN
OSTEOPATHIC MEDICAL CENTER OF TEXAS,
THE CITY OF FORT WORTH AND
JOHN THOMAS O'SHEA
CONCERNING CONSTRUCTION AND
MAINTENANCE OF FENCES
This Agreement is made as of the �" day of "f V-)*- 2004, by the
Osteopathic Medical Center of Texas ("OMCT"), the City of Fort Worth, Texas ("City") and
John Thomas O'Shea("O'Shea").
WHEREAS, OMCT maintains a campus generally within the area bordered by Clarke
Avenue on the south, West 7`h Street on the north and Montgomery Street on the east;
WHEREAS, prior to 1999, the western boundary of the OMCT campus was Haskell
Street;
WHEREAS, on March 11, 1999 (G-12498), the City Council approved an amendment to
the Arlington Heights Sector Plan to reflect a proposed expansion of the OMCT campus west of
Haskell Street to approximately midblock between Haskell Street and Dorothy Lane;
WHEREAS, also on March 11, 1999 (Z-98-177 and SP-98-34), the City Council
approved OMCT's zoning request for a planned development district for a medical master
planned campus and a site plan for Phase I of the construction, consisting of construction of a
65,000-square foot facility, vacation of portions of Haskell Street, Bertrose Avenue, and Bunting
Avenue, reconfiguration of existing parking and construction of new surface parking;
WHEREAS, OMCT does not currently own all the land west of Haskell Street to
midblock between Haskell and Dorothy Lane (Bertrose Avenue), which is currently considered
the ultimate western boundary of its campus;
WHEREAS, the planned development district conditions reflect OMCT will construct a
5-foot to 6-foot garden wall and/or wrought iron fence/wood fence along the western boundary
of the campus as properties are acquired and that an interim 6-foot screen fence may be
constructed along the interim western property line until the campus reaches the western limit
between Haskell Street and Dorothy Lane;
WHEREAS, on February 18, 2003 (M & C G-13883), the City Council ad ed
Resolution No. 2920 authorizing the Director of Transportation and Pu is orks to provide or
temporary closure of Mattison Avenue and Modlin Avenue and two leys in the 3700 blo
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between Haskell Street and Dorothy Lane at locations determined by the Director to be advisable
during the interim period until the OMCT campus is extended to its ultimate western boundary;
WHEREAS, the City and OMCT entered into an agreement concerning construction and
maintenance of street barricades and fences across Mattison Avenue and Modlin Avenue on
October 30, 2003, and an amended agreement superseding the October 30, 2003 agreement on
June 3_, 2004;
WHEREAS, O'Shea owns property at 3712 Mattison Avenue, more completely
described as Lot 5, Block 4, West Highland Addition (the Property"), and wishes to cooperate
with City, OMCT, and the North Hi-Mount Neighborhood Association for the closure of
Mattison Avenue and erection of one or more screening fences along the current western
boundary of the hospital campus across Mattison Avenue between Haskell Street and Dorothy
Lane in order to provide a continuous boundary between the North Hi-Mount neighborhood and
the campus;
NOW, THEREFORE, O'Shea, OMCT and City agree as follows:
1. Construction of fences/barricades. City will erect fences/barricades in the
3700 block of Mattison Avenue, between Haskell Street and Dorothy Lane,
within 30 days after execution of this Agreement. The fences/barricades will
be constructed on public right-of-way and private property at the locations
described in Paragraph 2, in order to maintain a continuous barrier between the
OMCT campus and the North Hi-Mount neighborhood. The
fences/barricades will be constructed of wrought iron as shown in Exhibit A.
As reflected in Resolution No. 2920 adopted on February 18, 2003, City
reserves the right to reopen Mattison Avenue by City Council resolution.
2. Location of fences/barricade. The fence/barricade across Mattison Avenue
shall be constructed on the Property owned by Dr. John Thomas O'Shea at
3712 Mattison Avenue, continue across Mattison Avenue, and connect to the
extension of the existing fence in the OMCT parking lot, as shown on Exhibit
B. O'Shea consents to City's entry on the Property to construct the fence or to
take any other action necessary to carry out the terms of this Agreement.
3. Maintenance. OMCT will repair and maintain the fence on the Property, as
necessary, at OMCT's cost. If OMCT fails to perform repair or maintenance
work within 15 days after receiving a written request from City, City may
perform the repair or maintenance and bill OMCT.
4. Access to property. O'Shea consents to OMCT's and/or City's entry on the
Property to install, repair, maintain, and/or replace fences on the Property.
5. Encroachment in Easements. In the event the fence constructe4_h-the-City on
the Property encroaches in an easement, the City be responsible for all
costs associated with moving or repairing the fence
6. Closure of alleys. City reserves the right to close alleys between Mattison
Avenue and Modlin Avenue in accordance with Resolution 2920 should the
Director of Transportation and Public Works determine closure to be
advisable.
7. Addresses for notices. All notices required or permitted by this Agreement
shall be in writing and shall be sent by (i) telecopy, with the original delivered
by hand; (ii) hand delivery, or (iii) certified mail, postage prepaid, return
receipt requested, and addressed to the parties at the following addresses:
City of Fort Worth
1000 Throckmorton
Fort Worth, TX 76102
Attn: Reid Rector, Assistant City Manager
Fax: (817) 871-6134
John Thomas O'Shea
2005 Indian Creek Drive
Fort Worth, Texas 76107
Fax: (817) 732-8141
Either party may make changes in the information set out above by sending
notice to the other party using one of the methods described above.
8. Execution of additional documents. O'Shea, OMCT and City agree to
execute any additional documents required to carry out the intent of this
Agreement.
9. Binding on successors and assigns. This Agreement is binding on O'Shea,
OMCT, City and their successors and assigns.
OSTEOPATHIC MEDICAL
CENTER OF TEXAS
By:
^E.
Interim Chief Executive Officer
3
CITY OF FORT WORTH,
a Texas municipal corporation
By: fibed A' ',-&-f
Reid
( ,,&-
Reid Rector,
Assistant Ci y ager
r
John Thomas O'Shea
APPROVED AS TO FORM AND
LEGALITY
By:
Parceffia Olson,Deputy City Attorney
ATTESTED BY
Contract Authori?atiolt
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City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
2/18/03 **G-13883 REVISEDT 06CP-98-007 1 of 2
SUBJECT STREET AND ALLEY CLOSURES: PORTIONS OF 3700 BLOCK OF MATTISON
AVENUE AND MODLIN AVENUE, PORTION OF AN ALLEY BETWEEN LOTS 4 TO 13,
BLOCK I AND AN ALLEY BETWEEN LOTS 10 TO 13, BLOCK 2, WEST HIGHLANDS
ADDITION, FORT WORTH, TEXAS (CP-98-007)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing the Director of
Transportation and Public Works to close portions of the 3700 Blocks of Mattison Avenue and Modlin
Avenue and portions of two alleys west of Haskell Street between Lots 10 through 13, Block 2, and Lots
4 through 13, Block 4, West Highland Addition.
DISCUSSION:
Osteopathic Medical Center of Texas (OMCT), in conformance with approved development
requirements, has requested closure of the above-referenced streets and alleys in connection with
expansion of OMCT facilities to allow construction of a fence on the western boundary of the OMCT
campus. The proposed street and alley closures are a temporary procedure until all adjacent property
is acquired by the hospital. Upon acquisition, by OMCT of all property adjoining the streets, OMCT will
request that the subject streets and alleys be vacated and incorporated into the hospital campus.
-: OMCT has previously submitted development applications to the Plan Commission, Zoning
Commission and City Council reflecting closure and/or vacation of Modlin Avenue and Mattison
Avenue, consistent with the attached resolution.
The City Plan Commission approved a concept plan for the OMCT and in principle approved the
vacation of streets within the hospital campus on January 27, 1999.
The City Council approved OMCT's request for.Planned Development zoning on March 11, 1999, by
Ordinance No. 13731, Case No. Z-98-177. Exhibits 2, 3 and 4 to the Planned Development zoning
ordinance, which were submitted by OMCT, reflect construction of_a fence along the western boundary
of the OMCT campus and closure of Modlin Avenue and Mattison Avenue consistent with the attached
resolution.
This resolution would authorize the Director of Transportation and Public Works to close the streets at
interim locations.
Reviewing City departments and public utility companies have raised no objections to this request.
This request is located in COUNCIL DISTRICT 7.
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBERAME PAGE
LOG N
2/18/03 **G-13883 REVISED 06CP-98-007 2 of 2
SUBJECT STREET AND ALLEY CLOSURES: PORTIONS OF 3700 BLOCK OF MATTISON
AVENUE AND MODLIN AVENUE, PORTION OF AN ALLEY BETWEEN LOTS 4 TO 13,
BLOCK ,4' AND AN ALLEY BETWEEN LOTS 10 TO 13, BLOCK 2, WEST HIGHLANDS
ADDITION, FORT WORTH, TEXAS (CP-98-007)
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Reid Rector 6140
Originating Department Head:
Bob Riley 8901 (from) APPROVED 2/18/03
RES. #2920
Additional Information Contact:
Craig Eaton 6226